Prescriptive Easements
Basic Concepts
Analogous to adverse possession.
Land need not be in common ownership.
Use not required before severance.
Only affirmative prescriptive easements are possible.
Elements
1. Open & Notorious
▪ Obvious to someone looking at the property.
▪ Use was without permission (if had permission, would be license).
Elements
2. Adverse to Owner’s Claim of Right
▪ Use would impinge on owner’s rights.
Elements
3. Exclusive?
▪ Majority = no
▪ Minority = yes
Elements
4. Uninterrupted Use
Elements
5. Continuous
▪ X number of years (often specified by statute)
Beebe v. DeMarco
State ex. Rel. Thornton v. Hay
Scene from Goonies with Haystack Rock